What does a legal search warrant consist of?

Question

Does it have to be stamped with the states raised seal or something of that effe ct?

Answer 1

The rules of criminal procedure may vary from state to state slightly, but like Arizona they are based on the federal rules. For the most part the following explains the requirements for search warrants:

A.R.S. 13-3915.
Issuance; form of warrant; duplicate original warrant; telefacsimile

A. If the magistrate is satisfied that probable cause for the issuance of the warrant exists, the magistrate shall issue a search warrant commanding a search by any peace officer of the person or place specified, for the items described.

B. On a reasonable showing that an announced entry to execute the warrant would endanger the safety of any person or would result in the destruction of any of the items described in the warrant, the magistrate shall authorize an unannounced entry.

C. The warrant shall be in substantially the following form:

County of ___________________, state of Arizona.

To any peace officer in the state of Arizona:

Proof by affidavit having been this day made before me by (naming every person whose affidavit has been taken) there is probable cause for believing that (stating the grounds of the application) according to section 13-3912, you are therefore commanded in the daytime (or in the night, as the case may be, according to section 13-3917) to make a search of (naming persons, buildings, premises or vehicles, describing each with reasonable particularity) for the following property, persons or things: (describing such with reasonable particularity), and if you find such or any part thereof, to retain such in your custody subject to section 13-3920.

Given under my hand or direction and dated _____________ (judge, justice of the peace or magistrate.)

D. The magistrate may orally authorize a peace officer to sign the magistrate's name on a search warrant if the peace officer applying for the warrant is not in the actual physical presence of the magistrate. This warrant shall be called a duplicate original search warrant and shall be deemed a search warrant for the purposes of this chapter. In such cases, the magistrate shall cause to be made an original warrant and shall enter the exact time of issuance of the duplicate original warrant on the face of the original warrant. Upon the return of the duplicate original warrant, the magistrate shall file the original warrant and the duplicate original warrant as provided in section 13-3923.

E. A magistrate may affix the magistrate's signature on a telefacsimile of an original warrant. The telefacsimile of the original warrant is deemed to be a search warrant for the purposes of this chapter. On return of the telefacsimile of the original warrant, the magistrate shall file the original warrant and the telefacsimile of the original warrant as provided in section 13-3923.

And to the specific question about a state seal on it.........no, even a fax'd copy will suffice. Hope this helps.

Answer 2

1

Answer 3

It has to be signed by a judge. But they don't have to have the orginal warrant present at the time they do the search, a photocopy can be used.

They are not stamped or have any seals on them.

In some cases where it is a rush, they will have it signed and allow the officers to search while someone is bringingthe warrant over, as long as the warrant was signed prior to going into the house

Answer 4

The search warrant should have a legal description of the property or area to be searched, it should say what specifically is being searched for and it should have a date that the warrant is effective along with a judges signature. If there is someone home when the warrant is executed then they will give a copy of the warrant to the person that is home. If there is no one home then a copy of the warrant will be posted in a prominent position, along with a list of whatever has been taken under the search warrant.

Answer 5

In California, the search warrant itself is only 2-3 pages long. It is a formal court order listing the location/place to be searched, the specific items that the officers are looking for, and the judge's signature. There is an affidavit of probable cause and a statement of the requesting officer's training and experience that is shown to the judge, but these pages are generally not shown to folks during the execution of the warrant. All you need to look for is a judge's signature and the date of the signature.

Answer 6

An order from the Court addresses to the occupants of premises to allow those named in the warrant free access to the premises to search for items, documents or goods and to remove the same into the custody of the said officers until further directions from the Court. A warrant has to be issued under the hand of a Judge of the appropriate court. That is all.

Answer 7

It is a legal form specifying exactly what is being searched for, what evidence is currently had to warrant a legal search, and specifically where the search will be conducted/what it will include. It is signed by a judge after they approve of the situation. To the best of my knowledge, there is no seal on it.

Answer 8

The requirements for a warrant will differ by which state it is issued by or if it is from the federal government. In Texas, there is no requirement for a seal. Texas search warrants are covered by chapter 18 of the Code of Criminal Procedures, and specifically by section 18.04 covering the minimum requirements for its contents. I have placed a link below to this section so you can see what is required in Texas.

Answer 9

It only has to say who or what the police are looking for, where they are looking, and a judges signature. All 3 must be on the warrant or it's not a legal search warrant.

Answer 10

First off the warrant will have a seal on it and a judge's signature. It will say what address or dwelling they may search, also the name of the person if that's what they r looking for.